(1967) JELR 80365 (HL)    
House of Lords  ·  HL/PO/JU/4/3/1157 ·  22 Nov 1967 ·  United Kingdom
Other Citations
(1969] AC 191,[1967] 3 WLR 1666,[1967] UKHL 5
Lord Reid Lord Morris ofBorth-y-Gest LordPearce LordUpjohn LordPearson Lord Reid
Core Terms Beta
statement of claim
professional negligence
learned judge
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legal aid
lord chancellor
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considerations of public policy
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generalquestion of barristers
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hispersonal interests
hold authorities
improper conduct
inview of the importance of the question
kind of work
lackof skill
lack of skill onhis part
latter had thelobe of an ear
leading judgment
legal assistance
lord denman c.j.
lord hardwicke l.c.
lord reid
necessary stepsto call
officer of the court
originalstatement of claim
plaintiff's appeal
present action
present position
proper fee
special contract
such actions
whole matter

LORD REID(reading the leading judgment) My Lords,In 1959 the Appellant was charged at the Central Criminal Court with causing grievous bodily harm to one Manning. He was not given legal aid but after the case had proceeded for some time he was informedthat he could have a "dock brief". He chose the Respondent to be hiscounsel and. in accordance with his duty as a barrister, the Respondent agreed to act for him. During an adjournment he gave to the Respondent his account of the affair. The Respondent then cross-examined the Crownwitnesses and called the Appellant and another witness. The Appellantwas convicted and it is plain that he had no real defence. But he was muchaggrieved by evidence that he had used a knife; he wanted to establish thathe had inflicted Manning's injuries with his hands alone, or by biting, andapparently the Respondent did not ask all the questions or lead all theevidence he had suggested.

In February 1965 the Appellant raised the present action. His originalstate…

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